dissenting:
I respectfully dissent. In my opinion, this case is distinguishable from Commonwealth v. Comer, 552 Pa. 527, 716 A.2d 593 (1998) and is akin to Commonwealth v. Scofield, 360 Pa.Super. 552, 521 A.2d 40 (1987), appeal denied, 517 Pa. 593, 535 A.2d 82 (1987), in that Appellant was aware of his reckless conduct. He was observed immediately before the crash to be travelling at an excessive rate of speed, “zoomfing] in and out through other cars.” Appellant applied his brakes before colliding with the vehicle in which the victims were sitting, leaving approximately 168 feet of skid marks. Moreover, after the collision, Appellant attempted to leave the scene but was prevented from doing so. Despite Appellant’s obviously intoxicated condition, I would find under these circumstances that he consciously disregarded the threat his dangerous conduct posed to human life and, therefore, that he possessed the requisite mens rea for aggravated assault.